Frequently Asked Questions
However, the answer as to how the designer’s staff are paid will depend upon the identity of the contractor. You say that this will be a joint venture, but that can be achieved in several different legal ways, some informal and some more formal. We cannot offer legal advice on how that can be done and the pros and cons of the different ways of doing so. But, if you are the contractor named in the contract and the designer is employed by you as a subcontractor (as defined by clause 11.2(19)), you will be paid what you pay your subcontractor as per section 4, provided you pay it in accordance with the terms of the subcontract − see the second bullet of clause 11.2(26) concerning disallowed cost.
On the other hand, if the contractor named in the contract is the joint venture, the designer’s staff will be paid for in accordance with section 7 of the schedule of cost components when they are working in their own offices. However, if and when they are working in the working areas, they will be paid for under section 1, as per the second bullet point of the preamble to that section.